John Manchin Sr. Health Care Center in Fairmont
FAIRMONT – A circuit court judge has issued a temporary restraining order stopping the state from selling one of the state-run facilities to a private healthcare company.
On October 23, Mary DeVito, a resident of the John Manchin Sr. Health Care Center in Fairmont, filed a verified complaint as well as a petition for mandamus and injunctive relief and a motion for temporary restraining order against Gov. Patrick Morrisey and Department of Health Facilities Secretary Michael Caruso to stop them from completing the sale of the facility to Marx Development Group.
Marion Circuit Judge Matthew S. Delligatti issued the temporary restraining order October 24 as well as a notice of hearing. The order temporarily restrains Morrisey or Caruso from completing the proposed sale of the facility or from transferring the assets and operations used in connection with the facility to the Marx Development Group until further ruling so it may consider the complaint and petition.
Garcia
Delligatti scheduled a hearing for October 28.
The complaint says 2023 legislation that reorganized the state Department of Health and Human Resources into three departments requires the new Department of Health Facilities to operate the facility. The complaint says the Legislature’s permission is needed to sell the facility as well as the other three in the package – Hopemont Hospital in Terra Alta, Jackie Withrow Hospital in Beckley and Lakin Hospital in West Columbia.
On August 12, Morrisey said the state had reached a deal with New York-based Marx Development Company to buy the four long-term care facilities for $60 million. The sale is scheduled to close Oct. 31.
In ensuing letters later in August to Morrisey and Caruso, DeVito alleged Morrisey doesn’t have the statutory authority to sell the facilities to Marx.
“There is no statutory authority for Governor Morrisey or Secretary Caruso to abdicate their administrative responsibilities to the patients of the John Manchin Sr. nursing home and other state-run facilities by selling them to Marx Development Group or any other private corporation,” Joey Garcia, DeVito’s attorney and a Democratic state senator, said then. “Proposed legislation to privatize the John Manchin facility has repeatedly failed.
“Furthermore, the Governor’s Office has failed to make public the written agreement to sell these facilities, and my client and other residents have many concerns but very little information other than a potential sales deadline of Sept. 30, 2025. The only way to protect the residents of John Manchin Sr. now is to fight this in court.”
Drew Galang, Morrisey’s press secretary, said Friday the governor’s office has received the complaint and is aware of the temporary restraining order.
“The contract to sell these facilities is based on very strong legal authority, and we look forward to communicating our arguments to the court at Tuesday’s hearing,” Galang told The West Virginia Record.
In August, Garcia also said he also plans to seek a writ of mandamus to require state officials to manage, direct, control, govern and operate the Manchin facility per state code following the recent Department of Health and Human Resources reorganization bill.
Marion Circuit Court case number 25-C-208
